The document provides an overview of the roles and responsibilities of an operational law attorney in a deployed environment. It discusses the basic military and legal structures, introduces the speaker's background and deployment experience, and outlines key aspects of operational law like the law of armed conflict, rules of engagement, detention operations, and the changing role during the speaker's deployment to Iraq from 2007 to 2008 as US forces transitioned responsibilities to Iraqi security forces.

1. Law in the Deployed Environment
Roles and Responsibilities of an Operational Law
Attorney
The overall classification of this briefing is UNCLASSIFIED
Approved by: 4ID G2
CPT William A. Obringer
Chief, Operational Law
4th Infantry Division (Mechanized)
1

2. UNCLASSIFIED
Agenda
• Introduction
• Basic Military and Legal Structures
• Operational Law Attorney
• OIF 07-09 – The Changing Role of Operational
Law
• Questions
UNCLASSIFIED
2

3. UNCLASSIFIED
Introduction
• American University, B.A. 1999
• Widener Delaware, J.D. 2005
• Commissioned as a 1st Lieutenant and entered
U.S. Army 2 Jan 2006
• Assigned to 4th Infantry Division (Mechanized)
Jan 2007
• Deployed to Iraq Nov 2007 as Operational Law
Attorney, Nov 2007 – Aug 2008
• Chief of Operational Law, Sep 2008 - Present
UNCLASSIFIED
3

4. UNCLASSIFIED
Legal Representation in the Army
Structure
XXX X
XX
CORPS BRIGADE
DIVISION
• Commanded by Lieutenant General (3 • Commanded by Colonel (O-6)
• Commanded by Major General (2 Stars)
• Commands between 2 – 5 Battalions
• Commands between 2 – 5 Brigades
Stars)
• Commands between 1 – 4 Divisions • Between 3500 and 4000 Soldiers
• Between 2000 headquarters personnel
• Between 1000-2000 headquarters • BOLT 2 or 3 attorneys and 3 or 4
• OSJA Office 13 attorneys and 15 paralegals
• SJA LTC (O-5)
personnel paralegals
• OSJA Office approximately 30 • BJA Major (O-4)
• DSJA MAJ (O-4);Branch Chiefs MAJ or
• Trial Counsel Captain (O-3)
attorneys and 20 paralegals CPT
• SJA Colonel (O-6) • Client Services Captain (O-3)
• Operational Law
• Deputy and Branch Chiefs Lieutenant • Administrative Law
• Rule of Law
Colonels/Commanders (O-5)
• Operational Law – Divided by • Criminal Law
• Client Services
Plans, Future Ops, & Current Ops
• Administrative Law
• Fiscal Law
• Rule of Law
• Criminal Law
• Client Services
II I
BATTALION/SQUADRON PLATOON
COMPANY/TROOP/BATTERY
• Commanded by Lieutenant Colonel (O- • Lead by 1st or 2nd Lieutenant (O-1 or
• Commanded by Captain (O-3)
•
5) O-2)
Commands 3 -4 Platoons
• Commands 5 Companies • Leads 3 Squads
• Approximately 130 Soldiers
• Approximately 700 Soldiers • Approximately 30 Soldiers
• No direct legal support
• No Judge Advocates • No direct legal support
• All legal services come from BCT
• Each BN has 1 paralegal assigned • All legal services come from BCT
• All legal services come from BCT
UNCLASSIFIED
4

5. UNCLASSIFIED
Division Staff Structure
Civil
G9 Affairs
Provost
Marshal
Finance
G8
Force
COMMAND STAFF
Information Pro
G7 •Commanding General – Major General
Ops
•Deputy Commanding General (Maneuver) Div
– Brigadier General Engineer
G6 Coms & IT
•Deputy Commanding General (Support) –
Div
Brigadier General Surgeon
Plans
G5 •Chief of Staff – Colonel
•G3 (Operations) - Colonel
SJA
Logistics
G4
Chaplain
G2 Intelligence
D-COS
Personnel
G1
UNCLASSIFIED
5

6. UNCLASSIFIED
Office of the Staff Judge Advocate
Staff Judge
Advocate
Deputy Staff
Chief Legal
Judge Advocate
Paralegal NCO Administrator
Chief of Chief of Brigade
Chief of Justice Chief of Client
Operational Administrative Operational
Services
Law Law Legal Team
•Chief of Op Law •Chief of Ad Law •Chief of Justice •Chief of Client Services •Brigade JA (Major)
•2 Op Law Attys •2 Ad Law Attys •1 Trial Counsel •1 Legal Assistance Atty •Trial Counsel (Captain)
•1 Detention Ops Atty •1 Fiscal Law Atty •1 Trial Counsel per BCT •1 Paralegal •Client Services (Captain)
•3 Paralegals •2 Paralegals •4 Paralegals •Brigade Paralegal NCO
•1 Paralegal per BN
•2 Brigade paralegals
UNCLASSIFIED
6

7. MND-B – 16 December 2007
•9 Security Districts
•Abu Guraib Qa’da
•Taji Qa’da
•7 Brigades, 26 Battalions
•283.4 sq. mi.
MND-B – 10 February 2009
•9 Security Districts
•Abu
Guraib, Taji, Maqumudia, M
a’dain, Yousifia, Qa’das
•5 Brigades, 16 Battalions
•1,751.8 sq. mi.

8. UNCLASSIFIED
Key Dates for MND-B
• •
Deployed 27 Nov 2007 Warrant Based Targeting Begins
• •
Transfer of Authority 16 Dec 2007 SOFA Signed 27 Nov 2008
• ―March Madness‖ 24 Mar 2008 • UNSCR 1790 Expires 31 Jan 2008
• •
Non-Lethal Focus SOFA takes effect 1 Jan 2009
• •
MND-B aligns with Baghdad Iraqi Provincial Elections
Province/SOI Transition • 4ID re-deployes 10 Feb 2009
November December January February March
1 15 301 31 1 31 1 281 31
April May June July August
1 30
1 31 1 301 311 31
September October November December January
1 301 311 301 311 31
February
1 28
UNCLASSIFIED
8

9. UNCLASSIFIED
The Operational Law Attorney
• One of the Six Core Competencies of the JAG Corps
• Specialized Generalist
– Rules of Engagement (CHOPS, FUOPS, G3, G5, AVN)
– Rule of Law (G9, Dept. of State)
– Escalation of Force (FUOPS, G3, Force Pro)
– International Agreements / SOFAs
– Psychological Operations (G7)
– Information Operations (G2, G7)
– Intelligence Operations (G2, G2X)
– Detention Operations (G2, G2X, PMO)
– Operational Law Planner for the Division (G5)
– Domestic Operations/Posse Comitatus
• Works with Division Operational Staff to provide legal advice on Current
and Future Operations
• Responds to questions from Brigades on Operational Law questions
UNCLASSIFIED
9

10. UNCLASSIFIED
OIF 07-09 – The Changing Role of
Operational Law
• 16 December 2007 (TOA) – May 2008
– Learning the Job
– Kinetic Targeting
– ―March Madness‖
• June 2008 – December 2008
– Shia flight and Sunni regroup
– Rule of Law
– SOI Transition/Elections
• The Security Agreement
– Implementing the SA
– Warrant Based Targeting
– Detention Ops
UNCLASSIFIED
10

11. UNCLASSIFIED
16 December 2007 (TOA) – May 2008
• Learning the Job
– Law of Armed Conflict (LOAC)
– Rules of Engagement (ROE)
– Escalation of Force (EOF)
• ―March Madness‖ and Kinetic Targeting
UNCLASSIFIED
11

12. UNCLASSIFIED
4 Fundamental LOAC Principles
• Military Necessity
• Discrimination
• Proportionality
• No Unnecessary Suffering
UNCLASSIFIED
12

13. UNCLASSIFIED
LOAC Fundamental Principles
• Military Necessity
• Can only strike or capture targets that offer a definite military advantage
due to their nature, location, purpose, or use
• Does not authorize acts otherwise prohibited by LOAC
• Discrimination
• Requires that ALL attacks be directed only at hostile forces and military
objectives
• At ALL times, MUST distinguish between hostile forces and civilians
• Civilians (both gender and all ages) become a hostile force if they commit
a hostile act or display hostile intent…more to follow on hostile act/hostile
intent
UNCLASSIFIED
13

14. UNCLASSIFIED
UNCLASSIFIED
14

15. UNCLASSIFIED
Distinction
•Positive Identification (PID)
• PID is a reasonable certainty that the individual or object of attack is a military objective
in accordance with the ROE.
• Not an absolute certainty; would a reasonable person under the same
circumstances have made the same determination
• A judgment call based on all information available to the trigger puller; e.g.
intelligence, known enemy TTPs, circumstances, time, location, behavior.
• PID is the key to every engagement – if you don’t have PID, you CANNOT engage
UNCLASSIFIED
15

16. UNCLASSIFIED
LOAC Fundamental Principles
• Proportionality
•Collateral Damage (incidental loss of life and property) VS. Concrete and direct military
advantage anticipated
• On scene commander (OSC) uses the balancing test as a basis to determine what response,
if any, is appropriate to decisively counter the threat, after taking into consideration the
collateral damage expected
•Cannot engage if the collateral damage will be excessive compared to the military advantage
anticipated by striking the target
• Unnecessary Suffering
• Prohibits use of arms that are calculated to cause unnecessary suffering
• All US weapons are authorized if used properly
• Not authorized to use privately owned weapons, or to tamper with or alter issued weapons
or ammunition
• If permitted to use deadly force, may use any proportional means available; not limited to a
particular type of weapon for a particular type of target
UNCLASSIFIED
16

17. UNCLASSIFIED
Detainees
• You MUST protect any detainees in your custody
– with deadly force if necessary
• They must be treated humanely
• They must be given proper medical care, food,
water, shelter, basic hygiene, clothing
• They must be promptly evacuated from the area;
no PID missions
• Duty to protect and respect
detainees
UNCLASSIFIED
17

18. UNCLASSIFIED
Collect And Care For Wounded
• Law requires you to care
for enemy wounded
– Once injured and no
longer posing a threat,
they become non-
combatants
– Treat enemy wounded
as one of your own
– Safeguard from further
attack
UNCLASSIFIED
18

19. UNCLASSIFIED
Treatment Of Civilians
• Treat ALL civilians and their property with
respect and dignity
• Do not intentionally put civilians in danger
• May restrict freedom of movement for
safety of US personnel or for safety of
other civilians
• You may stop, detain, and search
civilians when there is a reasonable belief
that the individuals (1) are or were
engaged in criminal activity, (2) interfere
with mission accomplishment, (3) are on
a list of people wanted for questioning for
criminal or security reasons, or (4)
detention is necessary for imperative
reasons of security.
UNCLASSIFIED
19

20. UNCLASSIFIED
Protect/Respect Property
• Do not target the following except in self-defense:
– Cultural/historic buildings
– Government buildings
– Non Governmental Organization (NGO) property
– Government detention facilities
– Mosques, religious buildings
– Hospitals and clinics
– Schools, colleges, universities
– Civilian refugee camps and concentrations
– Facilities whose engagement results in pollution
– Dams or dikes whose engagement results in flooding
of civilian areas
• Pre-planned damage or destruction requires CENTCOM
CDR approval
UNCLASSIFIED
20

21. UNCLASSIFIED
Rules of Engagement
UNCLASSIFIED
21

22. UNCLASSIFIED
Self-Defense
• On scene commanders have the authority and obligation
to use all necessary means available and to take all
appropriate actions to defend their unit and other
Coalition and Iraqi Security Forces from a hostile act or
demonstration of hostile intent
– Also permitted to defend all US persons, detainees in
MNF custody, personnel participating in military
operations with MNF and the Iraqi Government, and
NGOs
– Obtain/Maintain PID and respond with force necessary
to eliminate the threat
UNCLASSIFIED
22

23. UNCLASSIFIED
Hostile Act / Hostile Intent
• Hostile Act
– You may engage an individual if you are reasonably certain (PID) they committed/are committing a
hostile act
– Hostile Act: an attack or other use of force against US Forces, CF, ISF, US citizens, Iraqi civilians, and
other designated persons and property
– It is also force used directly to preclude or impede the mission and/or duties of US Forces
– Proportional response requires that you only use deadly force if you are threatened with death or serious
bodily injury
– Can engage someone who has committed a hostile act unless they surrender and no longer pose a
threat or are out of the fight due to injury…you can engage someone running away after a hostile act or
display of hostile intent
• Hostile Intent
– You may engage an individual or individuals if you are reasonably certain (PID) they are exhibiting
hostile intent
– Hostile Intent: the threat of imminent use of force against US Forces, CF, ISF, US citizens, Iraqi civilians,
and other designated persons and property
– The threat does not have to be immediate or instantaneous, but actions must make you reasonably
certain that the individual intends to use force against designated persons or property
UNCLASSIFIED
23

24. UNCLASSIFIED
Escalation Of Force
• Evaluation
• Non-lethal measures:
– Visual Signs: Hand and arm signals, signal flags, laser pointers and
dazzlers, spotlights, flares, etc
– Audible Signals: horn, siren, bull horns, vehicle mounted PA systems,
etc
– Non-lethal munitions
• Disengage/Bypass/Break Contact – If threat does not appear to be
displaying a hostile act after employment of the above measures and the
mission permits, unit may deescalate situation to avoid unnecessary
civilian casualties
• Lethal Measures. Should be used as a last resort and only in response to
positive identification of hostile intent or a hostile act
– Warning Shot. Use sparingly, and only against a safe backdrop, aimed
to the side of a vehicle, or in the direction away from civilian personnel
or vehicles. If a safe warning shot cannot be fired, skip immediately to
disabling or kill shot
– Disabling Shot. This shot is meant for vehicles only, and should be
fired either at the tires or into the front grill of an oncoming vehicle
– Kill shot
UNCLASSIFIED
24

25. UNCLASSIFIED
More Escalation Of Force
• Entrance into a particular “bubble” (e.g. 100m) is not the trigger for use of lethal force. The trigger
is always PID of hostile act/hostile intent, which occurs in convoy situations when the vehicle
ignores initial EOF measures and continues to pose a threat.
• EOF needs to be intelligence based
• Permit local traffic to move freely unless justified by current intel. In most situations, it is common
for local vehicles to be NEXT TO YOU.
• When the intel picture or a particular vehicle suggests an increased threat, use EOF at
appropriate standoff distances to assess whether there is hostile intent.
• Share the road vs. own the road
• Historical data indicates that the SVBIED threat to US Soldiers is extremely low; they normally
target civilians.
• SVBIEDs are almost always driven by a single driver.
• Almost all Iraqis killed during vehicle EOFs have had no evidence of AIF activity.
• Always maintain audible and visual signals; maintain standoff equipment such as wire, cones,
and spike strips; use tracers for warning shots; array weapon systems at halts to be able to
disable threats on main avenues of approach; rehearse fire control measures and EOF actions
UNCLASSIFIED
25

26. UNCLASSIFIED
―March Madness‖
• •
Government of Iraq move to reclaim OPLAW required to rewrite ROE
Basrah from Shia (Ja’ish al Mahdi)
• New threat to US Forces (IRAM)
• Coordinated Shia uprising in Basrah and
– required us to develop new
in Baghdad (Sadr City and Shula)
EOF tools
– Rocket attacks on the IZ and US
bases
• Precision targeting required
– Attempts to overrun Iraqi security
legal review
check points and SOI volunteers
• Use of Iraqis as spotters for US
• MND-B response
targeting
– Sadr City Wall
– Precision targeting of high level JAM • Use of certain weapons in urban
inside Sadr City
environment
– Iraqi lead with US support
• Targeting constraints
• Result
•
– Flight of most JAM leadership Targeting of clinics/hospitals
– Death of approximately 1000 JAM being used by JAM
fighters
– Sadr City returned to government
control for first time since 2003
• http://www.youtube.com/watch?
v=qGpqXDbkp-M
UNCLASSIFIED
27

27. UNCLASSIFIED
―March Madness‖ Legal Question
• Situation
– Insurgents use open fields in urban areas to fire rockets and
mortars at the Green Zone and US Bases
– Because of possible errors in radar acquisitions and risk of
collateral damage can US Forces target open areas near POO
sites
• Offset Targeting Terminology
– Point of Origin (POO)
– Point of Impact (POI)
– Target Acquisition Radar
– Counter Fire
– Artillery 155mm Howitzer
– Target Location Error (TLE)
UNCLASSIFIED
28

28. UNCLASSIFIED
June 2008 – December 2008
• Shia flight and Sunni regroup
• Rule of Law
• SOI Transition/Elections
UNCLASSIFIED
29

29. UNCLASSIFIED
Non-Lethal Operations
• Reconciliation • Fiscal Law
Considerations
– SOI Transition
• Ensure that Human
• Psychological
rights and LOAC
Operations
obeyed
• Future Planning
• Part of the planning
– Expansion
team – legal
– Re-Deployment
troubleshoot
UNCLASSIFIED
30

30. UNCLASSIFIED
Rule of Law
• Joint Common Plan – Rule of Law Goals
– The public and private obligations of any person are known or readily determinable.
– Disputes regarding these obligations are resolved effectively and impartially, and only
by the state or by a method sanctioned by the state.
– The state complies with the law and its procedures.
– Persons are secure in their person and property, are free from illegal hard or threatened
harm, and violations of this security will be vindicated by the state.
– The state protects basic human rights.
– All persons rely on the existence of legal institutions and the content of laws and
regulations to conduct their daily lives and resolve disputes voluntarily.
• Iraqi Security Forces Detainees
– Tracking down detainee locations
– Getting them out of detention
• Iraqi Courts
– Central Criminal Court of Iraq
– Local Courts
– Judicial Security
UNCLASSIFIED
31

31. KEY
BAGHDAD ISF DETAINEE POPULATIONS
BOC TOTAL: 1735
Reported by BOC, IPS, MOD, and ICS as of 26 Oct 08 NAME (UNIT): CURRENT
NORMAL SURGE
UNCLASSIFIED/ FOUO POPULATION
1960 3317
RATED SURGE
CID 2: 5
ADHAMIYAH (42-11 IA): 0 CAPACITY CAPACITY
TAJI (34-9 IA): 0
KARKH AREA 100 100
85 108
COMMAND RUSAFA AREA
15 30
TOTAL: 1346 COMMAND
SADR CITY
TOTAL: 389
KADAMIYAH (22-6 IA): 44
940 2026 11 IA HQ: 271
745 941
120 120
250 450
2ND NP HQ: 696
RUSAFA –
OLD MOD: 0
430 900 XXX
CID TOTAL: 292
85 108
XXX XXX
MUTHANA
350 375
(M2): 200
AL MANSOUR (54-6 IA) 8
150 200
55 100
NP HQ:0
CID HQs: 262
125 150
CID 1: 25 150 175
100 100 9TH IA HQ -
382
RUSTAMIYAH (9 IA HQ): 118
250 382
ABU GHURAIB (24-6 IA): 313 E RASHID 250 325
EAST RASHID (7-2 NP): 12
120 306
25 50
WEST RASHID (5-2 NP): 15
W RASHID
30 60 The overall classification of this briefing is UNCLASSIFIED
Approved by: 4ID G2
SALMAN PAK (1-1 & 3-1 NP): 0
MAHMUDIYAH (17-6 IA): 58
CPT William A. Obringer
40 100
Chief, Operational Law
130 300
4th Infantry Division (Mechanized)
32

32. UNCLASSIFIED
Changing Operations
• Security Agreement
• Warrant Based Targeting
• Detention Operations
UNCLASSIFIED
36

33. UNCLASSIFIED
Security Agreement
• UNSCR 1790 entered into effect 1 JAN 08 – last UNSCR
authorizing international forces in Iraq
• Security Agreement was supposed to be signed in July 2008 to
allow implementation
• Drafts leaked in June
• New Iraqi negotiating team in July
• Security Agreement signed late November
• Security Agreement implemented 1 JAN 09
– Article 4 allows for US Forces to assist the GOI to combat Al
Queda, terrorists, and outlaw groups
– Article 22 requires that all detainees captured be turned over
to Iraqi authorities within 24 hours
– Article 22 also requires that all detainees in US custody be
turned over to the GOI
UNCLASSIFIED
37

34. UNCLASSIFIED
Security Agreement Implementation
Company Commander Directives
Combined Operations
– All combat operations will be combined; ISF
in the lead with US forces in an advisory role Warrant Based Targeting
– Operations designed to detain an individual – All detentions require warrant
must have ISF, a warrant, and a detainee • Mentor partner units on conducting warrant
processing plan based detentions
– Conduct combined combat operations in – EXCEPTIONS: Witnessed crime, attack
against CF/ISF patrol individuals reasonably
accordance with Combined Operations Matrix
certain to have committed a criminal act, or
• Combat Operations – Offensive in nature self-defense
that seek the enemy – require full • All TSTs combined, require warrant, and
coordination and agreement as a must have a detainee processing plan
combined operation with GOI/ISF
Detentions
– Conduct CSS missions & non-essential
– Support Iraqi law in all matters
movement during off-peak hours
– Within 24 hours, turn over detainees to
– Conduct self-defense operations, as required competent Iraqi authority
– The 24-hour time period to hand over a
• C-IDF, C-IRAM, C-VBIED
detainee to a competent Iraqi authority starts
ROE at the time and point of detention
– Right to Self-Defense / EOF remains – Competent Iraqi authorities (BN, BDE, DIV
unchanged; the Right to Self-Defense will IA/NP CDR)
never be denied
– No US interrogations in GOI or ISF facilities
– Soldiers are always on duty
– US Soldiers and US Government Civilian
Employees…will not be detained
UNCLASSIFIED
38 1.3
ver

35. UNCLASSIFIED
Detention/Targeting – 1 January 2009
SA Article 22
1. No detention or arrest may be carried out by the United
Approved MNC-I Mission Statement
States Forces (except with respect to detention or arrest of
members of the force and civilian component) except through
MNC-I, ICW the GoI, conducts evidentiary based detainee
an Iraqi decision issued in accordance with Iraqi law and
pursuant to Article 4. operations that respects Iraqi sovereignty, promotes Iraqi rule of
2. In the event United States Forces detain or arrest persons law, and maintains pressure on threat networks IOT facilitate
as authorized by this Agreement or Iraqi law, such persons
sustainable security and stability in Iraq.
must be handed over to competent Iraqi authorities within 24
hours from the time of their detention or arrest.
3. The Iraqi authorities may request assistance from the
United States in detaining or arresting wanted individuals.
Approved MNC-I CDRs Intent
4. In full and effective coordination with the Government of
Iraq, upon entry into force of this Agreement, and unless
Purpose: Detain threat individuals IAW the proposed Security Agreement to
otherwise requested by the Government of Iraq pursuant to
facilitate a seamless transition to a post-UNSCR operating environment.
and in accordance with Article 4, all detainees in the custody
of the United States Forces shall be released in a safe and Key Tasks:
orderly manner. The United States Forces shall ensure that •Conduct detainee operations within the bounds of USG authority and
upon the effective date of this Agreement all appropriate respect of Iraqi law/sovereignty/Constitution
information regarding all detainee cases is provided to Iraqi
•Develop evidentiary-based methodology for detention operations
officials. The United States Forces shall, upon presentation of
•Continue to exploit high value detainees (HUMINT)
a valid Iraqi arrest warrant, turn over custody of the requested
•Work by, with, and thru Iraqi cops, courts, and corrections officials
detainee to appropriate Iraqi authorities. Appropriate Iraqi
•Develop habitual working relationships with local judicial and criminal
authorities shall work jointly with the United States Forces on
this mission during this temporary period. officials/leaders
5. United States Forces may not search houses or other real •Do not overburden Iraqi judicial and prison capacities
estate properties except by order of a judicial warrant except
End State: Those that pose a threat to the stability and security of Iraq
in the case of actual combat operations conducted pursuant to
detained in either GoI or US custody. HUMINT gathered. CFs conducting
Article 4 and in coordination with relevant Iraqi authorities.
detainee operations IAW Iraqi law, and with respect for Iraqi sovereignty,
while maintaining pressure on threat networks. Iraqi criminal & judicial
systems postured for sustained processing of threat individuals.
UNCLASSIFIED
39

36. UNCLASSIFIED
SIGINT vs. Warrant Comparison
CCCI/Karkh
Security
Intelligence Collection Collection of Admissible Evidence Detainee
MOJ Prison
Legal TIF
Intelligence Criminal
Actionable
Detain Review
Intel
Collection Detainee
To GOI System
Release
Collect intelligence with eye
toward admissible evidence and future prosecution
CF Criminal Case
CCCI/Karkh
Intelligence
Collection
24 Hour CF Evidence Investigative
Exploitation Release
Review by IJ Review Hearing
Actionable Intel &
Sufficient Evidence
ISF Criminal
CCCI/Rusafa
Detain
WARRANT Case
OPERATIONAL NEEDS
SOFA REQUIREMENTS
•Joint facility
•Detainees must be handed over to ISF within
•CF facility w/ ISF presence v ISF facility with TT
24 hours
•CF may detain if witness crime or have a like presence
•Continued interrogation of detainees
warrant for arrest
•Classification constraints to evidence sharing
•Joint Missions with ISF lead
•Access to Iraqi justice system
•Transfer of detainees from ISF to CF at
•Continued engagement with local courts at BCT
IPOC
level
•Refined training on standards and procedures
UNCLASSIFIED
40

37. WARRANT-BASED TARGETING
And you thought Cherry Pie Rocked!

38. UNCLASSIFIED
UA 1138: Abu Obringer
Offense(s) / Incident(s)
Shia
Fill this block with 5 Ws:
Sunni Who: Abu Obringer
What: Facilitator
AQI
When: Nov 07 to Present
BKH
Where: Abu Guraib, Ghaz
AAH Why:
USE
Detained
Evidence
Warrant Request Initiated Pressure the
Pursue
2 or more Network thru
•Physical Evidence: BATS/HIIDE
Warrant
Evidence Collection Quantity
Evidence
-Statements (Witness/Detainee)
1
-Biometric Lab Reports
•Statement: witness statements from Abu Schellack and
Attack
Abu Koon
-Pictures of Evidence Pass to BOC
0 Network
& INIS
thru HVIs
-Pictures of Evidence with Suspect
Not an HVI BCT HVI DIV HVI
Target Value
-Latent Fingerprints
•SIGINT: N/A
-Crime Scene Pictures
-Crime Scene Diagram
•Other:
Packet Translated
Completed
Packet to Iraqi Judge (IJ)
In Progress
Warrant Issued
Incomplete
Prosecution Packet
UNCLASSIFIED
42

39. UNCLASSIFIED
MND-B Soldier Rules –
How We Support the Security Agreement
• (U) The Security Agreement is a historic milestone. On 1 January 2009, our mission continues—no
change. We protect the Iraqi people with our Iraqi Security Force partners.
• (U) We always remain on duty and vigilant. We never relax our posture.
• (U) We respect Iraqi law and support Iraqi sovereignty.
• (U) We adapt our actions to change the ways we operate as a result of the Security Agreement:
 (U) We conduct all combat operations combined with our Iraqi Security Force partners.
 (U) We operate in accordance with our rules of engagement. Our rules of engagement continue
to empower us to act in self defense and in defense of the Iraqi people, and require us to intervene
as necessary to stop and report violations of the Law of Armed Conflict and Iraqi law.
 (U) Within cities, we occupy joint security stations with our Iraqi Security Force partners.
 (U) We limit non-mission essential military traffic to non-peak hours (1600-0800 HRS).
 (U) We adjust certain flight routes over the city to minimize our visible signature. MEDEVAC
flights continue to take the most direct route to a medical treatment facility.
 (U) We detain with a warrant issued by an appropriate Iraqi judge and with the knowledge of our
Iraqi Security Force partners. We retain the ability to detain or action without a warrant if an
individual is caught in the act of committing a crime or a terrorist act.
 (U) Within 24 hours of detention, we must turnover detained individuals to a competent Iraqi
authority for disposition and abide by that disposition.
 (U) Soldiers or US Government civilian employees will not be detained by Iraqi authorities. We
are always on duty and therefore under the jurisdiction of the United States.
• (U) We are American Soldiers and live by the Soldiers’ Creed.
UNCLASSIFIED
ver
43 1.1

40. UNCLASSIFIED
MND-B Guidance
• Ironhorse 6 Directives
– Conduct detentions within the spirit of the Security Agreement and with
full disclosure to the GoI
– Physically hand over detainee to competent Iraqi authority within 24
hours from the time and point of detention
– Maintain the MND-B detention facility at Liberty
– Establish two Division Interrogation Sites, one (1) at FOB Justice and
one (1) at FOB OLD MOD
• Division Guidance
– 100% combined detention operations
– Competent Iraqi Authority is a ISF BN CDR or above
– BCTs request access to detainees through MND-B G2 for interrogations
at one of the established Division Interrogation Sites
– BCTs may request a GoI to USF transfer for a period of 14 days
– New requirements for the TIF: Warrant/detention order and MFR of
Competent Iraqi Authority requesting CF to retain custody
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41. UNCLASSIFIED
Questions?
william.obringer@us.army.mil
UNCLASSIFIED
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